What does CEUS stand for? "Continuing Education US" (like in the United States)? Is CUES a term in the industry, or did you coin the acrynom yourself?
"Others have popped up using the SpeedyCeus name in a variety of different ways, including variations of the website name (like speedyceus.co or speedyceus.com.co) or actually creating a page on their website with the title "Get your Speedy Ceus..."
I would say that 'it depends'. Does Cues have a meaning in another language, sort of making me wonder what "get your Speedy Cues" means. Are the other places using the term in commerce, or in a non-descriptive sense? Re: the webpages, are they actually being used as webpages selling a product/service and if so, in something related to teaching?
Trademark rughts are created by use, and the party with longer continued use has superior rights to those who come later with confusingly similar marks (usually in related areas of commerce to yours).
Infringement of your use of the mark depends on a lot of factors to determine whether a consumer would confuse a Jr. User's use of Speedy Cues (or something similar) with your Sr. User use. It depends on how long they have been using the term. For example, if some were using the mark (or another that your's is confusingly similar to) prior to your first commercial use (I'm guessing no Fed Registration is held by you, and no prior or current 'Intent to Use' application is filed by you), then they could likely have rights superior to yours. That aside, if they have been using for 3-4 years, but you ultimately have a longer-running use, and you have not stopped/warned-against their use, they may have rights by Estoppel -i.e., you have a duty to police your trademark, and failure to do so makes it inequitable to allow by inaction use of a confusingly mark for years, during which time the other party is building good-will, and then trying to tell them to stop their use.
So it really soes depend. Good luck!
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Topic: Others use of my business name--Service Mark (Read 862 times)
